The Passenger Cases and the commerce clause : (Record no. 954288)

001 - CONTROL NUMBER
control field ocn903318975
006 - FIXED-LENGTH DATA ELEMENTS--ADDITIONAL MATERIAL CHARACTERISTICS
additional material characteristics m o d
007 - PHYSICAL DESCRIPTION FIXED FIELD--GENERAL INFORMATION
fixed length control field cr |n|||||||||
008 - FIXED-LENGTH DATA ELEMENTS--GENERAL INFORMATION
fixed length control field 140530s2014 ksu obv 001 0 eng d
040 ## - CATALOGING SOURCE
Original cataloging agency IDEBK
Language of cataloging eng
Description conventions rda
-- pn
Transcribing agency IDEBK
Modifying agency OCLCO
-- OCLCF
-- P@U
-- COO
-- OCLCQ
-- OCL
020 ## - INTERNATIONAL STANDARD BOOK NUMBER
International Standard Book Number 132288109X
020 ## - INTERNATIONAL STANDARD BOOK NUMBER
International Standard Book Number 9781322881096
035 ## - SYSTEM CONTROL NUMBER
System control number (OCoLC)903318975
037 ## - SOURCE OF ACQUISITION
Stock number 719391
Source of stock number/acquisition MIL
043 ## - GEOGRAPHIC AREA CODE
Geographic area code n-us---
050 #4 - LIBRARY OF CONGRESS CALL NUMBER
Classification number KF8742
Item number .F74 2014
082 04 - DEWEY DECIMAL CLASSIFICATION NUMBER
Classification number 342.7308/2
Edition number 23
084 ## - OTHER CLASSIFICATION NUMBER
Classification number LAW014000
Source of number bisacsh
049 ## - LOCAL HOLDINGS (OCLC)
Holding library TEXA
090 ## - LOCALLY ASSIGNED LC-TYPE CALL NUMBER (OCLC); LOCAL CALL NUMBER (OCLC)
Classification number (OCLC) (R) ; Classification number, CALL (RLIN) (NR) KF8742
Local cutter number (OCLC) ; Book number/undivided call number, CALL (RLIN) .F74 2014
100 1# - MAIN ENTRY--PERSONAL NAME
Personal name Freyer, Tony Allan,
Relator term author.
245 14 - TITLE STATEMENT
Title The Passenger Cases and the commerce clause :
Remainder of title immigrants, blacks, and states' rights in antebellum America /
Statement of responsibility, etc Tony Allan Freyer.
264 #1 -
-- Lawrence, Kansas :
-- University Press of Kansas,
-- [2014]
300 ## - PHYSICAL DESCRIPTION
Extent 1 online resource (xii, 204 pages).
336 ## - Content
Term text
Code txt
Content rdacontent
337 ## - Media
Term computer
Code c
Media rdamedia
338 ## - Carrier
Term online resource
Code cr
Carrier rdacarrier
490 0# - SERIES STATEMENT
Series statement JSTOR eBooks
490 0# - SERIES STATEMENT
Series statement Landmark law cases & American society
504 ## - BIBLIOGRAPHY, ETC. NOTE
Bibliography, etc Includes bibliographical references (pages 181-190) and index.
588 0# -
-- Print version record.
520 ## - SUMMARY, ETC.
Summary, etc "In the early years of the republic states exercised considerable power over immigrants and, in the case of southern states, free blacks by either assessing taxes on immigrants brought through their ports and, in southern states, excluding free blacks. Previously the Court held that persons were not part of commerce as defined in the Constitution and that the states' police power--to regulate who came to live in a state--could exist concurrently with the federal government's power over commerce and immigration. In the Passenger Cases the Supreme Court overruled these decisions, finding that state regulation of immigrants by assessing taxes was an unconstitutional interference with federal power under the commerce clause, extending the potential power of the national government under that clause. The Court ruled that persons could be part of commerce and subject to federal regulation, something that laid the groundwork for the Dred Scott decision in dealing with fugitive slaves. If persons are covered by the commerce clause then federal law regarding fugitive slaves could trump state law. And in the recent controversy over state regulation of immigration the cases remind us that states once exercised considerable power over who could immigrate in this country"--
-- Provided by publisher.
520 ## - SUMMARY, ETC.
Summary, etc "In 1849 Chief Justice Taney's Court delivered a 5-4 decision on the legal status of immigrants and free blacks under the federal commerce power. The closely divided decision, further emphasized by the fact there were eight opinions, played a part in the increasingly contested politics over growing immigration, and the controversies about fugitive slaves and the western expansion of slavery that resulted in the Compromise of 1850. In the decades after the Civil War federal regulation of immigration almost entirely displaced the role of the states. Yet, over a century later, Justice Scalia in Arizona v. US appealed to the era when states exercised greater control over who they allowed to cross their borders; a dissent which has returned the Passenger Cases to the contemporary relevance. The Passenger Cases provide a counter-history that allowed the Court to affirm federal supremacy and state-federal cooperation in Arizona I (2011) and II (2012). In The Passenger Cases and the Commerce Clause Tony Allan Freyer focuses on the antebellum Supreme Court's role prescribing state-federal regulation of immigrants, the movement of free blacks within the United States and on the origins, state court decisions, federal precedents, appellate arguments, and opinion-making that culminated in the Court's decision of the Passenger Cases. The Court's split decision provided political legitimacy for the 1850 Compromise: enactment of a stronger fugitive slave law, admission of slavery in western territories based on popular vote of residents (popular sovereignty), and the abolition of the slave trade in Washington D.C. The divided opinions in the Passenger Cases also influenced the immigrant and slavery crises which disrupted the balance between free and slave-labor states, culminating in the Civil War. The states did indeed enact laws enabling exclusion of undesirable white immigrants and free blacks. The 5-4 division of the Court anticipated the better known, but even more divisive, views of the Justices in the Dred Scott case (1857). And in considering the post-Reconstruction evolution of new standards by which to judge immigration issues, the Passenger Cases revealed the continuing controversy over how to treat those who wish to come to our country, even as federal law came to dominate the regulation of immigration. These issues continued to complicate immigration law as much today as they did more than a century and a half ago. The persistence of these problems suggested that a "decent respect to the opinions of mankind" continued to demand a coherent, humane, and more consistent immigration policy"--
-- Provided by publisher.
650 #0 - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name as entry element Interstate commerce
Geographic subdivision United States
Form subdivision Cases.
650 #0 - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name as entry element Emigration and immigration law
Geographic subdivision United States
Form subdivision Cases.
650 #0 - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name as entry element States' rights (American politics)
650 #0 - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name as entry element Slavery
General subdivision Law and legislation
Geographic subdivision United States
General subdivision History.
776 08 - ADDITIONAL PHYSICAL FORM ENTRY
Display text Print version:
International Standard Book Number 0700620087
Record control number (DLC) 2014021373
856 40 - ELECTRONIC LOCATION AND ACCESS
Uniform Resource Identifier <a href="https://ezproxy.uttyler.edu/login?url=http://www.jstor.org/stable/10.2307/j.ctt1ckpbf0">https://ezproxy.uttyler.edu/login?url=http://www.jstor.org/stable/10.2307/j.ctt1ckpbf0</a>
Link text Click here to view this ebook.
901 ## - LOCAL DATA ELEMENT A, LDA (RLIN)
Platform JSTOR DDA
938 ## -
-- Ingram Digital eBook Collection
-- IDEB
-- cis30591149
938 ## -
-- Project MUSE
-- MUSE
-- muse37580
942 ## - ADDED ENTRY ELEMENTS (KOHA)
Koha item type Electronic Book
Source of classification or shelving scheme
994 ## -
-- 92
-- TEX
Holdings
Withdrawn status Lost item Source of classification or shelving scheme Damaged status Not for loan Permanent Location Current Location Shelving location Date acquired Full call number Barcode Date last seen Uniform Resource Identifier Price effective from Koha item type
          UT Tyler Online UT Tyler Online Online 2016-12-14 KF8742 .F74 2014 ocn903318975 2016-12-14 https://ezproxy.uttyler.edu/login?url=http://www.jstor.org/stable/10.2307/j.ctt1ckpbf0 2016-12-14 Electronic Book